A BILL to repeal §18B-2-9 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section,
designated §18B-1-12; to amend and reenact §18B-1B-6 of said
code; and to amend and reenact §18B-2A-1 of said code, all
relating generally to the relationships between West
Virginia University Institute of Technology, West Virginia
University and the West Virginia University Board of
Governors; providing for coordination, consolidation and
incorporation of certain systems, functions, operations and
enterprises between the institutions; establishing reporting
and accountability requirements for the President of West
Virginia University Institute of Technology; and expanding
the membership of the West Virginia University Board of
Governors.

Be it enacted by the Legislature of West Virginia:That §18B-2-9 of the Code of West Virginia, 1931, as
amended, be repealed;
that said Code be amended by adding thereto
a new section, designated §18B-1-12; that §18B-1B-6 of said Code
be amended and reenacted; and that §18B-2A-1 of said Code be
amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-12. West Virginia University Institute of Technology.(a) West Virginia University Institute of Technology
continues as a regional campus of West Virginia University. The
West Virginia University Board of Governors has full authority
and discretion to coordinate, consolidate, integrate, merge or
otherwise alter or combine the various administrative,
informational, technological, financial and operating systems and
functions of West Virginia University Institute of Technology in,
into or with any system or function of West Virginia University.
(b) Auxiliary enterprises of West Virginia University
Institute of Technology are incorporated into the West Virginia
University auxiliary enterprise system. The West Virginia
University board of governors shall require that, to the extent
practicable, auxiliary operations at West Virginia University
Institute of Technology are operated on a self-sufficient basis
when establishing budgets and evaluating the operations of
auxiliary enterprises.
(c) For the purposes of meeting the requirements of section one, article seven of this chapter, West Virginia University
Institute of Technology, West Virginia University at Parkersburg,
and the Potomac Branch of West Virginia University are considered
separate institutions of higher education.
(d) Any new graduate program offered by West Virginia
University at West Virginia University Institute of Technology
requires the prior approval of the Commission, and may not
duplicate an existing graduate program offered by Marshall
University Graduate College. ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment
of presidents of the statepublic institutions of higher
education shall beare made as follows:
(1) Subject to the approval of the Commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord CollegeUniversity, Fairmont State College
University, Glenville State College, Marshall University,
Shepherd CollegeUniversity, West Liberty State College, West
Virginia School of Osteopathic Medicine, West Virginia State
CollegeUniversity and West Virginia University.
(2) Subject to the approval of the Council and to the
provisions of article three-c of this chapter, the governing
board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg.
When selecting candidates for consideration to fill the office of
president, the governing board shall use the search and screening
process provided for in section one, article six of this chapter.Subject to the approval of the Commission The governing
board of West Virginia University appoints the president of the
regional campus known as West Virginia University Institute of
Technology. The president of West Virginia University Institute
of Technologyeach regional campus serves at the will and
pleasure of the appointing governing board, and for management
and executive purposes, reports and is accountable to the
president of West Virginia University, or otherwise as determined
by the board of governors.
(3) Subject to the approval of the Council, the governing
board of the community and technical college appoints a president
for the Community and Technical College of Shepherd, Eastern West
Virginia Community and Technical College, New River Community and
Technical College, Southern West Virginia Community and Technical
College and West Virginia Northern Community and Technical
College.
(4) Subject to the approval of the Council, the governing
board of the sponsoring institution appoints a president for each
administratively-linked community and technical collegescollege
which shares a physical campus location with the sponsoring institution, including Fairmont State Community and Technical
College, Marshall Community and Technical College, the Community
and Technical College at West Virginia University Institute of
Technology and West Virginia State Community and Technical
College.(5) Subject to the approval of the Council, the governing
board of the community and technical college appoints a president
for each administratively-linked community and technical college
which does not share a physical campus location with the
sponsoring institution, including New River Community and
Technical College and the Community and Technical College of
Shepherd.Subject to the approval of the Council, the governing board
of the sponsoring institution appoints a president for each of
these two community and technical colleges until the institution
gains independent accreditation.
(b) Other appointments. -- Effective the first day of July,
two thousand five, the institutional shall appointThe president
of West Virginia University appoints a provost to be the
administrative head of the Potomac Campus of West Virginia
University.
(c) Evaluation of presidents. -- The appointing governing
board shall conduct written performance evaluations of each
institution's president, including the presidents of administratively-linked community and technical colleges.
Evaluations shall beare done in every fourth year of employment
as president, recognizing unique characteristics of the
institution and utilizing institutional personnel, institutional
boards of advisors as appropriate, staff of the appropriate
governing board and persons knowledgeable in higher education
matters who are not otherwise employed by a governing board. A
part of the evaluation shall be a determination of the success of
the institution in meeting the requirements of its institutional
compact.

ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.

(a) A board of governors is continued at each of the
following institutions: Bluefield State College, the Community
and Technical College of Shepherd, Concord CollegeUniversity,
Eastern West Virginia Community and Technical College, Fairmont
State CollegeUniversity, Glenville State College, Marshall
University, New River Community and Technical College, Shepherd
CollegeUniversity, Southern West Virginia Community and
Technical College, West Liberty State College, West Virginia
Northern Community and Technical College, the West Virginia
School of Osteopathic Medicine, West Virginia State College
University and West Virginia University.
(b) For the Community and Technical College of Shepherd and
New River Community and Technical College governing boards:the
institutional board of advisors remains in place until the
institution achieves independent accreditation as provided in
section eight, article three-c of this chapter.(1) As long as the institutional board of advisors remains
in place, the chairperson of the board of advisors serves as an
ex officio, voting member of the board of governors of the
sponsoring institution;(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed
pursuant to this section;(3) When a board of governors is established for the
community and technical college:(A) The chairperson(1) The chair of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and(B) The chairperson(2) The chair of the governing board of the community and
technical college serves as an ex officio, nonvoting member of
the governing board of the sponsoring institution.(4) In making the initial appointments to these boards of
governors, the Governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the
case of death, resignation or failure to be confirmed by the
Senate.
(c) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional
board of governors for West Virginia University consists of
seventeeneighteen persons. Each other board of governors
consists of twelve persons.
(d) Each Board of Governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees
duly elected by the classified employees of the respective
institution; and
(4) For the institutional board of governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section and, additionally, the chairpersonchair of the institutional board of advisors of Marshall Community and
Technical College serving as an ex officio, voting member.
(5) For the institutional board of governors at West
Virginia University, twelve lay members appointed by the Governor
by and with the advice and consent of the Senate pursuant to this
section and, additionally, serving as ex officio, voting members,
the chairpersonchairs of the institutional boardboards of
advisors of the Community and Technical College at West Virginia
University Institute of Technology, and West Virginia University
at Parkersburg, and West Virginia University Institute of
Technology.
(6) For each institutional board of governors of an
institution that does not have an administratively-linked
community and technical college under its jurisdiction, nine lay
members appointed by the Governor, by and with the advice and
consent of the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively-linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section
and, additionally, the chairpersonchair of the institutional
board of advisors of the administratively-linked community and
technical college; and
(B) Of the eight lay members appointed by the Governor, one
shall beis the superintendent of a county board of education
from the area served by the institution.
(e) Of the eight or nine members appointed by the Governor,
no more than five may be of the same political party. Of the
twelve members appointed by the Governor to the governing boards
of Marshall University and West Virginia University, no more than
seven may be of the same political party. Of the eight or nine
members appointed by the Governor, at least six shall beare
residents of the state. Of the twelve members appointed by the
Governor to the governing boards of Marshall University and West
Virginia University, at least eight shall beare residents of the
state.
(f) The student member serves for a term of one year. Each
term begins on the first day of July.
(g) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(h) The member representing classified employees serves for
a term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(i) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more
than one additional term.
(j) A vacancy in an unexpired term of a member shall beis
filled for the unexpired term within thirty days of the
occurrence of the vacancy in the same manner as the original
appointment or election. Except in the case of a vacancy, all
elections shall beare held and all appointments shall beare
made no later than the thirtieth day of June preceding the
commencement of the term. Each board of governors shall elect
elects one of its appointed lay members to be chairpersonchair
in June of each year. A member may not serve as chairperson
chair for more than two consecutive years.
(k) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) A person is ineligible for appointment to membership on
a board of governors of a state institution of higher education
under the following conditions:
(1) For a baccalaureate institution or university, a person
is ineligible for appointment who is an officer, employee or
member of any other board of governors, a member of an
institutional board of advisors of any public institution of
higher education, an employee of any institution of higher
education, an officer or member of any political party executive committee, the holder of any other public office or public
employment under the government of this state or any of its
political subdivisions or a member of the Council or Commission.
This subsection does not prevent the representative from the
faculty, classified employees, students or chairpersonschairs of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member
of any other board of governors; a member of an institutional
board of advisors of any public institution of higher education;
an employee of any institution of higher education; an officer or
member of any political party executive committee; the holder of
any other public office, other than an elected county office, or
public employment, other than employment by the county board of
education, under the government of this state or any of its
political subdivisions; or a member of the Council or Commission.
This subsection does not prevent the representative from the
faculty, classified employees, students or chairpersonschairs of
the boards of advisors from being members of the governing
boards.
(m) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as
such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia
and the certificate thereof shall be filed with the Secretary of
State.
(n) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the Governor.
(o) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of
official duties under this article upon presentation of an
itemized sworn statement of expenses. All expenses incurred by
the board of governors and the institution under this section are
paid from funds allocated to the institution for that purpose.